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Article

Access_open ‘God’s Friend, the Whole World’s Enemy’

Reconsidering the role of piracy in the development of universal jurisdiction.

Journal Netherlands Journal of Legal Philosophy, Issue 2 2018
Keywords Cicero, Augustine, Bartolus, piracy, universal jurisdiction
Authors Louis Sicking
AbstractAuthor's information

    Piracy holds a special place within the field of international law because of the universal jurisdiction that applies. This article reconsiders the role of piracy in the development of universal jurisdiction. While usually a connection is established between Cicero’s ‘enemy of all’ and modern conceptions of pirates, it is argued that ‘enemy of the human species’ or ‘enemy of humanity’ is a medieval creation, used by Bartolus, which must be understood in the wake of the Renaissance of the twelfth century and the increased interest for the study of Roman Law. The criminalization of the pirate in the late Middle Ages must be understood not only as a consequence of royal power claiming a monopoly of violence at sea. Both the Italian city-states and the Hanse may have preceded royal power in criminalizing pirates. All the while, political motives in doing so were never absent.


Louis Sicking
Louis Sicking is Aemilius Papinianus Professor of History of Public International Law at Vrije Universiteit Amsterdam and lecturer in medieval and early modern history at Universiteit Leiden.
Article

Access_open The substance of citizenship: is it rights all the way down?

Journal Netherlands Journal of Legal Philosophy, Issue 1 2018
Keywords Citizenship, Political Membership, Citizenship Rights
Authors Chiara Raucea
AbstractAuthor's information

    This paper examines how the distribution of social goods within a political community relates to decisions on membership boundaries. The author challenges two renowned accounts of such a relation: firstly, Walzer’s account according to which decisions on membership boundaries necessarily precede decisions on distribution; secondly, Benhabib’s account, according to which membership boundaries can be called into question on the basis of universalist claims. Departing from both accounts, the author concludes that actual changes in the pool of participants in practices of creation and exchange of social goods pressure a political community to redefine its distributive patterns and, accordingly, the boundaries of its formal political membership. This claim will be supported by the analysis of threshold cases decided by the EU Court of Justice, in which EU citizenship is invoked with the atypical purpose of granting rights to a specific group of non-formal members.


Chiara Raucea
Chiara Raucea is lecturer at Tilburg Law School. A longer version of her article is included in her doctoral dissertation Citizenship Inverted: From Rights To Status?, defended in December 2017 at Tilburg University.
Article

Access_open The Demos as a Plural Subject

Journal Netherlands Journal of Legal Philosophy, Issue 1 2017
Keywords democracy, demos, normativity, Margaret Gilbert, joint commitment
Authors Bas Leijssenaar
AbstractAuthor's information

    Existing conceptualizations of the demos fail to treat issues of composition and performativity consistently. Recent literature suggests that both aspects are required in a satisfactory account of the demos. An analysis of this literature suggests several desiderata that such an account must meet. I approach the definition of demos with a conceptual framework derived from Margaret Gilbert’s plural subject theory of social groups. I propose an account of demos as a plural subject, constituted by joint commitment. This account offers an improved and consistent understanding of normativity, composition, agency, and cohesion of demos.


Bas Leijssenaar
Bas Leijssenaar is PhD-candidate at the Institute of Philosophy, Centre for Social and Political Philosophy of the University of Leuven.
Article

Access_open Corporate Responsibility Revisited

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords individual responsibility, collective responsibility, legal liability, responsibility and politics
Authors prof. Philip Pettit
Abstract

    This paper responds to four commentaries on “Responsibility Incorporated”, restating, revising, and expanding on existing work. In particular, it looks again at a set of issues related primarily to responsibility at the individual level; it reconsiders responsibility at the corporate level; it examines the connection of this discussion to issues of responsibility in law and politics.


prof. Philip Pettit
Hoofdartikel

Access_open Responsibility Incorporated

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords corporate agency, corporate responsibility, collective responsibility
Authors prof. Philip Pettit
AbstractAuthor's information

    Incorporated groups include businesses, universities, churches and the like. Organized to act as single centers of agency, they also routinely satisfy the three conditions that make an agent fit to be held responsible: they face significant choices, can recognize the relative value of different options, and are able to choose in sensitivity to such values. But is it redundant to hold a corporate agent responsible for something, when certain members are also held responsible for the individual parts they play? No it is not, for it is often possible for a corporate entity to be fully fit to be held responsible, when this is not true of the individual members; they may be able to make excuses that are not available at the corporate level. Does the case made for corporate responsibility extend to unincorporated collectivities like nations or religions? Not strictly but it does explain why it may be sensible to treat those collectivities as if they had corporate responsibility in certain domains.


prof. Philip Pettit
Philip Pettit is the Laurence S. Rockefeller University Professor of Politics and Human Values at Princeton University.
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